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FRIDAY ELEMA & SUNDAY ELEMA V. PRINCESS CHRISTY A. AKENZUA

(2000) JELR 44017 (SC)

Supreme Court  •  SC.37/1995  •  23 Jun 2000  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

A. I. KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The Appellants Prince Friday Elema and Prince Sunday Elema were the Defendants in this action filed at the High Court of Justice, Benin City Edo State. In the action, the Respondent who was the Plaintiff, claimed against the Defendants jointly and severally as follows:-

"(a) A declaration that the Plaintiff is entitled to the grant of Statutory right of occupancy in respect of a piece of land with an area of 12.183 acres situate and lying at Ward 'A' Elema Quarters, Benin City within the jurisdiction of this Honourable Court which said piece of land is demarcated with beacons No. LM. 2559, LM.2558, MA 1975, MA. 1976 and marked 'A' and LM.2561, LM. 2562 and LM.2549 and marked 'B' in Plan No. ER. 511 of 10/10/73 prepared by Chief G. C. O. Eriyamremu, Licensed Surveyor and filed in these proceedings.

(b) N1,000.00 (One thousand naira) damages for trespass on the said land.

(c) Perpetual Injunction restraining the Defendants, Pr…

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